Majority
Judgment, Supreme Court, New York County (Franklin R. Weissberg, J.), rendered February 14, 1989, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and fourth degrees and which sentenced him, as a predicate felony offender, to two concurrent prison terms of 7 to 14 years and one of 5 to 10 years, respectively, unanimously affirmed.
On June 15, 1988, at approximately 10:00 a.m., two Narcotics Unit police officers were on a stakeout of the park at Stanton and Forsythe Streets on the Lower East Side of Manhattan. From the vantage point of a second-floor schoolroom across from the park, the officers observed defendant and another by use of high-powered binoculars. The conduct of the defendant indicated that he was providing his accomplice with gold-capped vials. Upon arrest the officers recovered several hundred gold-capped vials containing crack from a blue duffel bag that defendant had been observed to be using to replenish his cohort’s supply.
Defendant seeks a reversal of his conviction upon the ground that the prosecutor’s summation remarks deprived him of a fair trial. None of these alleged errors is preserved for appellate review as a matter of law, by virtue of defense counsel’s failure to timely object to them at trial (CPL 470.05 [2]; People v Ruiz, 155 AD2d 299 ) and we decline to reach them since the prosecutor’s remarks were fair comment and the proof of defendant’s guilt was overwhelming. Concur— Murphy, P. J., Ross, Ellerin and Rubin, JJ.